By Jones Myers founder, Peter Jones

A private court hearing where separating couples hire a ‘Private Judge’ to accelerate the outcome of their financial settlements is becoming the way forward for more people undergoing divorce.

Jones Myers is a pioneer of the process called Family Law Arbitration which can avoid a prolonged, expensive and public hearing in court.

I was one of the country’s first ‘Private Judges,’ officially known as Arbitrator, when this option was introduced in 2012 to resolve differences on financial and property matters.

Similar to a judge, the Arbitrator hears the evidence from the parties, collects relevant facts and bases their decision on the evidence, taking into account the views of both parties. They make an Award over who should have what – which is final and binding in both parties.

Family Arbitration is an increasingly preferred option in contrast to Court hearings which can run the risk of a case being adjourned or unfinished due to pressure on court time or a judge becoming unavailable.

There is also the benefit of having the same Arbitrator through the process which will not happen at Court with different Judges being involved in the proceedings.

The process is quicker, confidential, and flexible and there is a substantial cost saving when delays are avoided. Divorcing couples set and agree their own timetable at the outset along with the level of the Arbitrator’s fees which they jointly pay along with any venue hired, and a transcription service if required.

Setting the scope of the dispute can, in many cases, also lead to a cost saving if the parties agree to concentrate on the essential points to be decided.

Similar to the court process, separating couples also incur legal or other costs for engaging lawyers to prepare for the arbitration and represent them. Each party usually pays their own lawyer’s costs.

The Arbitrator also has discretion to order a party to pay a part or all of the legal or other costs of another party in cases resulting from one party’s conduct during the arbitration.

Backed by the government as a process to resolve disputes, Arbitration can still go ahead if couples are involved in court proceedings. Court rules give judges the power to halt court proceedings to give the parties the opportunity to resolve the dispute through arbitration.

There is little doubt that concluding these matters quickly and efficiently brings certainty to the parties and enables them to concentrate on the future having resolved the past.

For information on arbitration or any family law matter call Jones Myers at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550 or visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Jones Myers founder, Peter Jones

The services offered by our niche, award-winning family law firm include arranging Private Financial Dispute Resolution Hearings (FDR’s) which are taking on an increased importance and formality in financial disputes in family cases.   

What is a private FDR?

A private FDR is a hearing where you and your ex pay for a financial remedy specialist to act as a private FDR Judge. The hearing usually comes after you have both established what your assets are – and what they are worth. 

What does the Judge do?

The expertise of the FDR Judge, who may be a solicitor, barrister or retired judge, helps to accelerate and maximise the prospects of a settlement. The judge suggests which areas of each party’s position they prefer and the range ofdecisions they would arrive at if the case were at the Final Hearing stage.

Having the wisdom and influence of the Judge, who knows the background of the parties’ specific case, can enable ongoing negotiations to bring about a settlement. The Judge does not hear evidence at this hearing, and the parties do not have to give any verbal evidence.

How much does the hearing cost?

The court process FDR requires the attendance of the parties and their legal team. A private FDR has an additional cost of the private judge for the hearing.

The cost will depend on the complexity of the case and the experience and time of the private Judge.  The cost (shared between the parties) can range from £1,500 to £7,500. The extra value is that the judge will have sufficient time to read thoroughly all the papers and hear from the legal representatives before they give a detailed view. 

Does an FDR save on divorce costs?

Yes, as the hearing is much quicker and more detailed. Successful FDRs see the Judge advising both of you as to how the case might be concluded and encouraging settlement to avoid the substantial costs and trauma of a full hearing.   

If you both do not agree a private alternative, you would go though the official court route where you would be allocated a Judge, who may not have a background in Family Law.

The Judge allocated is also dealing with 5-7 cases in one day and has limited time to get to grips with their complexities. Added to this are ongoing delays in cases getting to court along with cases over-running and/or not starting on time.

What are the benefits of FDRs?

They provide a dynamic formal structure which focuses you on finding a way forward. Far from being a forensic examination of monetary matters, the hearing draws on the responsibilities, liabilities, and requirements of all parties to devise a settlement which will work going forward.

The hearing replaces forceful litigation and the search for a solution takes in wider issues other than solely financial. If an agreement is reached, the advocates involved will, if possible, look to finalise a draft order on the day and ask the Judge to approve it. This saves on the cost of progressing matters to a final hearing. 

What if we don’t reach a solution?

If, at the end of the hearing, you both still disagree over certain areas, additional instructions can be made and incorporated into a court order showing what further evidence is needed before the Judge can make a final decision.

Are FDR’s only relevant for complex cases?

Increasingly recognised and welcomed by the Courts, they are relevant for most cases and frequently involve complex cases. The service is only offered by Jones Myers and a limited number of family law firms who recognise the speed and quality of seeking out a settlement with which both parties and accept.

For advice on FDRs, financial settlement or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

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